Dharmendra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1880 MP

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                                                                              CRA No.4374/2021

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
            Criminal Appeal No.4374/2021
Indore, Dated 10.02.2022
       Hearing through Video Conferencing.

       Shri C.L. Yadav, learned Senior Counsel along with Shri Rohit

Singh Solanki, learned counsel for appellant No.1 Dharmendra Singh

s/o Late Shri Phool Singh Ji Chauhan.

       Ms. Seema Maheshwari, learned Panel Lawyer for the

respondent / State of Madhya Pradesh.

Shri Dharmendra Gurjar, learned counsel for the objector.

Heard on IA No.856/2022, first application under Section 389

(1) of the Code of Criminal Procedure, 1973 for suspension of jail

sentence and grant of bail filed on behalf of appellant No.1

Dharmendra Singh s/o Late Shri Phool Singh Ji Chauhan.

The present appellant has been convicted and sentenced by

learned 3rd Sessions Judge, Dewas, District Dewas (MP) in Sessions

Trial No.107/2017 vide judgment dated 23rd July, 2021, as under: -

              Conviction                            Sentence
    Section        Act       RI       Fine amount      Imprisonment in lieu of fine
     147           IPC      1 year     Rs.500/-                1 month RI
   323/149         IPC     6 months    Rs.500/-                1 month RI
   307/149         IPC     7 years    Rs.1,000/-               2 months RI
   427/149         IPC     6 months    Rs.500/-                1 month RI

Shri C.L. Yadav, learned Senior Counsel appearing for

appellant No.1 Dharmendra has submitted that the present appellant

has been falsely implicated in the case; and even otherwise, the

CRA No.4374/2021

injuries suffered by the complainant on his head were not at all

dangerous to life / life threatening and were only skin deep.

In support of his contention, learned Senior Counsel has also

replied upon a decision rendered by the Supreme Court in the case of

Mohammad Ankoosh & others v. Public Prosecutor, High Court

of Andra Pradesh, Hyderabad reported in AIR 2010 SC 566

(paragraphs 27, 28 and 29).

Learned counsel for the objector has opposed the prayer and it

is submitted that the complainant was assaulted twice by the present

appellant on his head with a sword; and thus, no case for grant of

bail is made out, as his intention is apparent on the face of the record.

Learned counsel for the respondent / State has also opposed

the prayer.

On due consideration of the rival submissions and on perusal

of the record including the deposition of Dheeraj Singh Gurjar (PW-

1), who is also an injured and Mayank Gurjar (PW-2) who has

suffered head injury as also the deposition of Dr. Janifer Sharma

(PW-12), who has deposed that five injuries were suffered by injured

Mayank, out of which two injuries were incised wounds, measuring

10 x 1 x 1 cms. and 6 x 1 x 1 cms. respectively on the parietal bone

and right frontal bone of the injured, this Court is of the considered

opinion that no case for suspension of jail sentence is made out.

So far as the decision, in the case of Mohammad Ankoosh (supra)

CRA No.4374/2021

cited by shri Yadav is concerned, the same is distinguishable on facts

and is of no avail.

Accordingly, IA No.856/2022 being devoid of merits is hereby

dismissed.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.02.11 18:13:17 +05'30'